What You Need To Disclose When Selling Your Home

Many sellers use professional home staging to strategically downplay flaws with their homes and highlight the more positive features.

However, if there are any serious issues with your home that could compromise its safety, you should disclose them to the buyer before you sell. Not only is it the ethical thing to do, but it helps to avoid major legal troubles in the near future.

You can fill out and submit a Seller Property Information Statement (SPIS), which is a standard document provided by the Ontario Real Estate Association (OREA). The SPIS contains information relating to any patent or latent defects, renovations, and other useful and important information based on your knowledge and experience.

Patent Vs Latent Defects

Before we get into what disclosures you might want to make, it’s helpful to understand the difference between a patent and latent defect.

A patent defect is one that is clearly visible, such as a crack in the window or a missing handrail. You don’t have to disclose patent defects to prospective buyers since these flaws can be easily seen during a home inspection.

A latent defect, on the other hand, is one that is not noticeable and may even be hidden behind walls or under floors. Sometimes home inspectors might not even be able to discover issues. But, if the home has been subject to some sort of damage that compromises the safety of the home and its value, such as from a flood or fire, you should disclose this information.

Issues That Sellers Should Disclose on an SPIS

In Ontario, the SPIS will list a number of items that sellers should disclose, which can include any of the following:

Presence of copper, aluminum, or knob and tube wiring (the presence of these could make getting property insurance difficult)

Whether or not the property is in violation of zoning requirements (for example, the property is a residential house that’s zoned for commercial space)

Presence of galvanized metal

Presence of lead plumbing or paint

Moisture issues and/or water damage

Presence of easements or rights-of-way (which could impact the buyer’s enjoyment of the home and lot)

Structural issues

Termite damage

Fire code issues

Problems with the HVAC system

History of flooding or fire damage

If a defect can seriously compromise the safety and integrity of the structure, then seller disclosure would be warranted.

Buyers Shouldn’t Neglect a Home Inspection

Not all sellers offer an SPIS form to buyers in a real estate transaction, and even if you provide one, there may still be underlying issues with the home of which you are not aware. As such, buyers should make a point of getting a home inspector to scope out the property before a deal is sealed.

Final Thoughts

Seller disclosures can be pretty fuzzy. Are you obligated to disclose everything you know or not?

At the end of the day, it would be in your best interest to make disclosures that you know of and that could impact the value of the property. Not only will you be protecting yourself against potential legal issues in the future, but you’ll also be able to go into a deal with a clear conscience.